IHC Judges Challenge FCC Hearing on Intra-Court Appeal has become one of the most-searched legal developments today as five Islamabad High Court judges move against the decision to place their intra-court appeal before the Federal Constitutional Court. The judges say the move violates the Constitution and threatens judicial independence.
Judges File Petition Against FCC Move
Five Islamabad High Court judges filed a petition to challenge the decision. The judges include Justice Mohsin Akhtar Kayani, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, Justice Saman Rafat Imtiaz, and Justice Tariq Mehmood Jahangiri. They argue that the FCC decision ignores constitutional limits and disrupts the separation of powers.
Larger Bench Scheduled for November 24
The Federal Constitutional Court has fixed the case for hearing on November 24. A six-member larger bench will take it up. Chief Justice Aminuddin Khan will lead the bench. Other members include Justice Hassan Rizvi, Justice Baqar Najafi, Justice KK Agha, Justice Rozi Khan, and Justice Arshad Hussain Shah.
Trending keywords linked to this development include Islamabad High Court, Federal Constitutional Court, judicial independence, and 27th Constitutional Amendment.
Judges Challenge Transfer of Appeal Under 27th Amendment
In their petition, the judges state that authorities shifted their appeal from the Supreme Court to the FCC under the 27th Constitutional Amendment. They call this shift unconstitutional. They say it contradicts the basic structure of the Constitution and undermines judicial authority.
Separation of Powers Highlighted
The judges emphasize that the Constitution of 1973 divides the state into three distinct pillars. These pillars are the legislature, executive, and judiciary. Each pillar has clear boundaries and defined roles.
They say the amendment cannot be used to weaken judiciary powers or restrict the Supreme Court’s jurisdiction.
FCC Lacks Jurisdiction, Judges Argue
The petition states that the FCC has no jurisdiction in this matter. The judges want the case sent back to the Supreme Court. They say several Supreme Court rulings already confirm the principle of separation of powers and protect judicial independence.
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Background of the Dispute
The judges had earlier submitted an intra-court appeal against the Supreme Court judgment that upheld the transfer of judges to the Islamabad High Court. A five-member Supreme Court bench dismissed their appeal through a majority decision.
They now argue that the 27th Amendment was used beyond its constitutional limits to shift their case to the FCC.
Judges Warn of Institutional Weakening
The judges believe the amendment is being used to weaken judicial independence. They say no authority can employ constitutional powers to restructure the judiciary or reduce its role.
They also highlighted that new intelligence-based and structural mechanisms introduced under the amendment are inconsistent with constitutional safeguards.
